Patentability of De-Extinction Animals: A Comparative Review of the International Legal Framework

Subham Chatterjee *

School of Law, Brainware University, Barasat, India.

*Author to whom correspondence should be addressed.


Abstract

The patentability of zoological discoveries is a fascinating and fluid intersection between intellectual property law and the biological sciences. As biotechnology progresses, so does our ability to discover and modify the genetic material of animals thereby amending animal patent jurisprudence. As CAS number-based search tools have been found to be relatively ineffective at returning records for species and gene sequences, especially when vast research results are included in these large chemical databases as described above. Case studies and legal precedents serve to exemplify the various ways in which different jurisdictions approach patentable zoological innovations. The paper also examines the ramifications of allowing living organisms to be patented and what this could mean for biodiversity, conservation projects, and indigenous rights. This paper is an attempt to peel away the layers of complexity that come with determining where to draw this delicate line between incentivizing innovation vs protecting moral or environmental issues by examining how patent eligibility in zoological discoveries stands today. These results highlight the importance of a balanced human-oriented approach that promotes scientific development simultaneously with moral commitment and compatible biodiversity protection. The paper adds to a wider conversation about the role of intellectual property rights by examining how broader issues in patenting play out with zoological discoveries.

Keywords: Zoological discoveries, patentability, genetic material, ethical implications, biodiversity conservation


How to Cite

Chatterjee, Subham. 2024. “Patentability of De-Extinction Animals: A Comparative Review of the International Legal Framework”. UTTAR PRADESH JOURNAL OF ZOOLOGY 45 (18):97-106. https://doi.org/10.56557/upjoz/2024/v45i184427.